NY State Senate Bill 2009-S5315

Archive: Last Bill Status - In Senate Committee Children And Families Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2010	referred to children and families
Apr 27, 2009	referred to children and families

2009-S5315 (ACTIVE) - Details

Current Committee:: Senate Children And Families
Law Section:: Family Court Act
Laws Affected:: Amd §353.6, Fam Ct Act

2009-S5315 (ACTIVE) - Summary

Increases the maximum amount of orders of restitution in juvenile delinquency proceedings from one thousand five hundred dollars to five thousand dollars.

2009-S5315 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S5315

 TITLE OF BILL :
An act to amend the family court act, in relation to orders of
restitution in juvenile delinquency proceedings


 PURPOSE :
This bill relates to orders of restitution in juvenile delinquency
proceedings by raising the restitution amount from $1,500 to a maximum
of $5,000.

 SUMMARY OF PROVISIONS :
Section 1. Paragraph (a) of subdivision 1 of section 353.6 of the
family court act, as amended by chapter 317 of the laws of 2004 is
amended to state that as a condition of placement or order as a
condition of probation or conditional discharge, restitution in an
amount representing a fair and reasonable cost to replace the property
or repair the damages caused by the respondent, not however to exceed
$5,000.

 JUSTIFICATION :
Recently, several juveniles in Rockland County were involved in a
local crime wave consisting of several burglaries as well as numerous
acts of criminal mischief. These juveniles caused over $31,000 worth
of damage in the Town of Clarkstown and captured it all on videotape.

The matter is being handled by the Rockland County Family Court. The
officers as well as the victims thought that the Family Court would
provide the proper conduit per restitution, however they were advised
that the maximum that the NYS Family Court Act allows is $1,500 per
defendant. It would seem far too little to cover the expenses of the
victims who sustained any serious damage.  By amending this statute to
a maximum of $5,000, it might be a more realistic number and more
current with our times. The present cost of replacing a residential or
commercial window can easily surpass that $1,500 ceiling. While this
incident represents an extreme, there are numerous other criminal acts
that are committed by juveniles that leave the victims little
financial recourse. An amendment of this section will go a long way to
increase the latitude afforded to the Family Court system.

 LEGISLATIVE HISTORY :
2008-07:  S.5069 Referred to Social Services, Children and Families
2006-05:  S.3310 Referred to Social Services, Children and Families
2004-03:  S.4054 Referred to Social Services, Children and Families
2002:     S.7162 Referred to Social Services, Children and Families

 FISCAL IMPLICATIONS :
None.

 EFFECTIVE DATE :
This act shall take effect immediately.

2009-S5315 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5315

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen. MORAHAN -- read twice and ordered printed, and when
  printed to be committed to the Committee on Children and Families

AN ACT to amend the family court act, in relation to orders of  restitu-
  tion in juvenile delinquency proceedings

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 1  of  section  353.6  of  the
family  court  act,  as  amended  by chapter 317 of the laws of 2004, is
amended to read as follows:
  (a) recommend as a condition of placement, or order as a condition  of
probation  or conditional discharge, restitution in an amount represent-
ing a fair and reasonable cost  to  replace  the  property,  repair  the
damage  caused by the respondent or provide the victim with compensation
for unreimbursed medical expenses, not, however, to  exceed  [one]  FIVE
thousand  [five  hundred] dollars. In the case of a placement, the court
may recommend that the respondent pay out of his or  her  own  funds  or
earnings  the  amount  of  replacement,  damage  or unreimbursed medical
expenses, either in a lump sum or in periodic payments in amounts set by
the agency with which he or she is placed, and in the case of  probation
or  conditional discharge, the court may require that the respondent pay
out of his or her own funds  or  earnings  the  amount  of  replacement,
damage  or  unreimbursed  medical  expenses,  either in a lump sum or in
periodic payments in amounts set by the court; and/or
  S 2. This act shall take effect immediately.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11532-01-9

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Senate Bill S5315

Sponsored By

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2009-S5315 (ACTIVE) - Details

2009-S5315 (ACTIVE) - Summary

2009-S5315 (ACTIVE) - Sponsor Memo

2009-S5315 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5315

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Sponsored By

Thomas P. Morahan

Archive: Last Bill Status - In Senate Committee Children And Families Committee

2009-S5315 (ACTIVE) - Details

2009-S5315 (ACTIVE) - Summary

2009-S5315 (ACTIVE) - Sponsor Memo

2009-S5315 (ACTIVE) - Bill Text download pdf

Comments